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06 SEP 21.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on September 21, 2006 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Rinker was out of town. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Finance Director Paul Mushrush, City Engineer Jay Whisker, Fire Chief John Vanderhoof, Battalion Chief Joe Bratton, Police Chief Robert Baker, Public Works Director Jim Oakley, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Chamber of Commerce Director Bonita Rownd, Mr. Larry Smith, Mrs. Judy Swaim, Mrs. Helen Stroud, Mr. Tommy Bond, Mr. Larry Dupree, Mrs. Addie Gibson, Mr. Larry Wilson, Mr. Bobby Lester, Mr. Bill Shelley, Mr. Chad Young, Mrs. Ruth Sucka, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of September 7, 2006 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Smith that the minutes of the Regular City Council Meeting of 17 August 2006 be APPROVED. MOTION CARRIED. DEVIATION IN AGENDA: Update on Wrecker Service Committee: Alderman Ray stated that a draft ordinance was presented at the last meeting and it was the consensus of the Committee to review the final draft at the next scheduled meeting and have that forwarded to the City th Council for consideration at their October 5 regularly scheduled meeting. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2006. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 29 Building Inspections 115 Business License 18 HVACR 81 Electrical 114 Plumbing 104 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 387 Notice of Noncompliance 20 Property Mowed 37 Towed 0 Trash Letters 106 CONDEMNATIONS Trash Removal 5 Structural Maint. Letters 0 Property Maint. Letters 3 Structural Repairs Made 0 Costs $2,009.71 Demolitions 0 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2006. Said report reflects the Total Value of Reported Stolen Property $123,672. Total Value of Recovered Stolen Property $67,103 and Total Report Sales $1,060.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2006 from the Jacksonville Fire Department, which reflects a fire loss of $425,000 and a savings total of $500,000. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Request to Accept Bid Street Striping City Engineer Whisker stated that there is a new paint system for the street striping, which should produce a higher quality reflectivity at night and during rain. He stated that his recommendation is for Contractor’s Specialty. Alderman Smith moved, seconded by Sansing to accept the low bid of $28,003.85 from Contractor’s Specialty with funds to be drawn from the Street Department Fund. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. PRESENTATION Statistical Data (Census) Mayor Swaim stated that Chamber of Commerce CEO Bonita Rownd had requested to present her strategic planning report earlier but was unable to get onto the agenda until tonight. Chamber of Commerce CEO Bonita Rownd related that the Chamber Board of Directors began a strategic planning process in June, explaining that part of the process included the computation of demographics for the City. She continued that the Board felt the information would be useful to the City Council. She noted that for comparison purposes Conway, Pine 2 Bluff, North Little Rock, Hot Springs, Cabot, and Sherwood were chosen. She noted that in the population age Jacksonville ranked lowest in age 65 plus and second only to Conway for the lowest age range between CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. 50 to 64. She then noted that in comparison to the border cities of Cabot and Sherwood, Jacksonville has a younger population overall. Review of the education statistics revealed that Jacksonville is the lowest regarding residents that have gradated from College including statistics for the bordering city comparison. She related that the annual income level reflects what was seen regarding the education levels, explaining the difficulty in recruiting enterprise for Jacksonville when the average household income of $47,000 is lower than surrounding and bordering cities. She reviewed the active duty military 2005 LRAFB economic impact analysis statistics; citing that there are over 6,000 people associated with the Air Base and 5,400 of those live off Base. She then related that of that number, fewer than 3,000 active duty members live in the city limits of Jacksonville, adding that she feels the data may be slightly skewed because the estimations are pulled from the 2000 census regarding projected trends. She noted factors regarding the closing of Air Base housing, which might be a further shift in those trends. She stated that currently the percentage of population for Jacksonville is slightly over 12% as opposed to 4% for Cabot and slightly under 2% for Sherwood. She then reviewed housing occupancy, saying that this component is critical to maintaining a healthy community. She said that 48% of homes are owned in Jacksonville and over 50% are rental, explaining that in border comparison Jacksonville has a lower homeowner rate and a higher rental rate than both Sherwood and Cabot. She stated that over 20% of the homes in Jacksonville are under $59,000 regarding housing values and 40% are in the $60,000 to $99,000 range, while both bordering cities have fewer homes in those lower value ranges, representing a trend in the wrong direction for Jacksonville. She related that these statistics are very important to the current efforts to review the Master Plan as part of the overall strategic planning process. She added that the housing age is equally important, noting a large number of homes in the 17 to 36 and 37 to 56 year range. She then pointed out that Jacksonville remains last in the apartment rental rate category; clarifying the need for Jacksonville to have higher rental rate apartments and larger homes in order to attract higher income clientele, which would in turn raise the average household income and attract desired commercial businesses. She then reviewed the military housing allowances for the various ranks of military members and the repercussions from the military base regarding the lack of desired housing in Jacksonville. She noted the actual number of apartments currently available in the City as being less than 200 total, further explaining that the numbers may be slightly skewed following a fire that destroyed a wing of apartments located behind the shopping center. She noted that the majority of apartments are two bedroom units with only a few three-bedroom apartments. 3 Alderman Smith concurred, stating that it is mostly understood that Jacksonville needs to upgrade apartments and build more houses. Alderman Sansing stated that it is interesting that while Jacksonville is 52% rental that more rental units are being proposed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. Chamber of Commerce CEO Bonita Rownd stated that if Jacksonville continues as host City for the Base, likely we would continue to carry a higher rate of rentals. She added that what is desired is newer developments that will be the type of housing that military members will want to live in, which means raising the quality and standards for new development. She stated that better quality housing, attracts higher average incomes. She added that while many military members prefer to purchase homes, many prefer to rent. She stated that she would be willing to compile data from other military towns for comparison regarding future growth and planning. Alderman Twitty questioned if it is true that many of military do not live in Jacksonville because of the schools rather than the housing, adding that according to the average income statistics only people from other cities would be able to afford to live in higher quality apartments. Chamber of Commerce CEO Bonita Rownd pointed out that part of Jacksonville’s goal should be to attract newcomers. Alderman Fletcher stated that one reason salaries are not higher is because of the education available in Jacksonville. He then questioned the status of the proposed community college, saying that would help Jacksonville, along with a separate school district. He then noted that the percentage of older houses could be directly attributed to the houses in the Sunnyside Addition. Mayor Swaim stated that the City has collected and set aside its share, 5 million, for the construction of the college. He stated that Congressman Snyder, who is on the Armed Services Committee, sponsored legislation to put the Base funding of 9.8 million into the budget. He stated that it has passed the House but has not been through the Senate yet. He stated that if the funding is not approved this year then it would start over again next year. He then noted that Senator Pryor has stated his support for the 9.8 million funding for the college. Alderman Stroud noted that anytime there is over 50% rental in a City it is not healthy. He added that a lot of the housing in Jacksonville is substandard, which is currently being worked on but takes time. He stated that smart planning would be to have upgraded housing. Chamber of Commerce CEO, Bonita Rownd clarified that from the Chamber’s strategic process there were six committees formed that studied different 4 issues within the City and from each of those committees will come action items that will go into the Chamber’s efforts for the next three years. She stated that the Chamber strategic plan is reviewed every three years. b. ORDINANCE 1293 (#26-06) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: WOODSIDE SUBDIVISION, ADJACENT TO WESTERN HILLS SUBDIVISION); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. Mayor Swaim stated that the rezoning of the Woodside Subdivision was appealed to the City Council after being denied by the Planning Commission. Alderman Stroud read from a prepared statement for clarification. “In an effort to create adequate affordable housing for all its citizens, Jacksonville planners have tried for many years to induce developers into addressing an urgent need for condominiums and townhouses inside our City limits. City Council went so far as to adopt zero clearance zoning authorizing living quarters above businesses to encourage builders and developers to meet a need that is still unfilled. We were trying to do something for downtown, and yet we still do not have any takers. For years, we have withstood the pleadings from a segment of our population. Why can’t we find decent living quarters in Jacksonville without having to mow grass, they say. Why do we have to go out of town to find something that is not a full size house or a dinky little apartment. Why does somebody not build something that we can own without enduring the added upkeep of a house or having to put up with all the noise generated by apartment dwellings. Well, fortunately a developer has come to town who is willing to do just that, although his original idea was to build apartments and a large number of single-family homes. At the Planning Commission’s urging, he changed the apartments to very nice upscale townhouses and reduced the number of homes in his subdivision. He did that on his own to try to appease the Planning Commission. Unfortunately, a group of citizens seem to have confused the term townhouses with some much dreaded words that inflame homeowners, words like apartments, transient, high traffic, entries, crime, noise, lower property values, drugs, over-crowded schools and so on. They then mobilized a crowd that persuaded the Planning Commission to deny the owner’s request for rezoning. Even though the Planning Commission had previously indicated a willingness to do such. There are a lot of different ways the owner could, if he desired, to go ahead and develop in a much more detrimental manner that would lower property values to a great extent without rezoning, but none that would meet the critical need for the type of housing that his proposal would create. There is more at stake than this single project; developers seem to believe that Jacksonville is anti-development. Nothing could be further from the truth. It is therefore necessary that the City Council take this grievous step by over ruling the Planning Commission’s decision in this matter, and thus create housing opportunities heretofore neglected for a 5 portion of our population”. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1293 be placed on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Ray, Stroud, Howard, and Mayor Swaim voted AYE (6). Alderman Smith, Sansing, Fletcher, and Twitty NAY (4). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1293. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1293 be APPROVED on FIRST READING. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. Mayor Swaim stated that since this is an appeal situation, those who have made the appeal will have the opportunity to address the City Council first. He related that each side of the issue would be allowed three speakers. Mr. Randy Fraser related that he is an attorney representing Cosden- McClurg, the applicant for the rezoning request. He express appreciation for the opportunity to present what he and his client believes is a quality development for this particular location and for the City. He stated that the application is to rezone from R-0 to R-4, for 35 upscale townhouses, which is part of an overall development of approximately 26 acres including a pond and single-family homes. He stated that joining him in the appeal is Mr. McClurg, Mr. Tommy Bond as the project engineer and Mr. Chad Young as the architect. He stated that Mr. Bond is prepared to answer questions regarding the engineering aspects and Mr. Young will be presenting the architectural renderings for the potential development. He recalled from Ms. Rownd’s presentation that Jacksonville only has 35% of its housing in the $100,000 to $199,000 price range, explaining that the upscale townhouses are in the price range of $160,000 and up. He stated that this is comparable to the surrounding neighborhood. He stated that under the zoning ordinance these are zero lot-line homes. He stated that legally a zero lot-line is a home that has a common boundary with the neighboring lot owner. He stated that the owner of each townhouse would have ownership of their front and rear yards, adding that what is unique is the common wall between the individual town homes. He related that the townhouses are intended for sell and not for rent, adding that he feels this concept has been misconstrued. He noted that some cities may use the terms patio homes or garden homes, saying it is the same as town homes. He stated that the development would have a property owners association that would collect fees for the upkeep, maintenance and landscaping. He stated that there is a strong market not only in Jacksonville but also in other cities particularly in central Arkansas for townhouses, where people can move in and have all the amenities of a single-family home but do not have to worry about yard work or landscaping, which is taken care of by the property owners association. He stated that this type of housing appeals to people who do not like yard work, or are elderly and do not want to have to do yard work. He 6 stated that the covenant for this is part of the bill of assurance and is filed as a matter of record along with the plat of the subdivision. He related that the square footage will be 1500 to 1600, adding that he and his client feels this is a quality development offering a strong impact on the Community. He stated that he respects those who are present in opposition, adding that he feels there will be a lot of comments regarding streets and traffic considerations. He asked that the City Council bear in mind that the street development is mandated by the City, which are on the Master Street Plan for West Main Street and Emma Street. He noted that this development would provide for the partial development of those streets as mandated by the Master Street Plan. He went on to say that the residential development price range and quality of CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. development would be comparable to the area. He stated that this development would be a benefit to the Community and would not have a negative effect on the surrounding homeowners. Alderman Fletcher noted that while Mr. Fraser had pointed out that 35% of the homes in Jacksonville are in the $100,000 to $199,000 price range, most of the $200,000 plus range is in the surrounding area. He stated that this would not be an improvement to the area when you consider putting in a 1400 minimum square foot house next to an area that has 1800 or 2000 minimum. He stated that $160,000 does not impress those neighboring residents who have mortgages of $200,000 and up. He questioned how the development could be considered upscale when 75% of the outside will be siding, when most homes in the surrounding subdivisions are all brick or at least ¾ brick. He expressed his concerns for how the development would look 10 years after completion with the use of siding on a development that is suppose to be upscale. Mr. Fraser stated that the restricted covenant for the property would require 60% brick. It was noted that the bill of assurance is a draft. Alderman Sansing noted that the bill of assurance received by the City Council cited that the townhouses would be 1200 square feet and 1400 for the single-family homes. He stated that what was received is not what is being presented. Mr. Fraser apologized, clarifying that the bill of assurance was amended after the original draft following discussions among the Planning Commission and the concerns of neighbors. He stated that he is present to explain for the record that the developer is trying to make the development very aesthetically pleasing and a good development for the City, which includes revisions to what was previously submitted. He then clarified with Alderman Twitty that none of the townhouses would be less than 1500 square feet and the minimum for the single-family homes would be 1600. 7 Mr. Tommy Bond related that the percentage of brick was modified for the townhouses to 60%. Mr. Fraser then answered that the townhouses would have one and two car garages. Mr. Bond offered a brief history of how Mr. McClurg settled on this property for development, adding that the McClurg family has been in the development business since 1949 and have built houses, apartments and condominiums over the years. He stated that Tim McClurg married a military member and has been living in the area for approximately two years. He related that the property belongs to the owner and manager of Wrights Cabinet Shop. He then reiterated that the Planning Commission denied a request to rezone the property for apartments, but added that at the meeting the Planning Commission suggested putting in townhouses. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. stated that the developer returned with a plan the following month for townhouses. He then explained that they had planned for 60 townhouses and single-family lots, which was modified because of the expense to fill that large of an area. He explained that the plan was changed following the advertisement, which caused the legal description to be in accurate. He stated that the legal was reworked for later submittal, adding that at the meeting there was also some discussion regarding when a property could be reheard for a rezoning. He continued that ultimately that issued was resolved by a ruling from City Attorney Bamburg. He stated that when the Planning Commission hosted the second rezoning public hearing, it too was denied. He stated that they have come in an appeal of the second rezoning request. He explained that there is 26 acres zoned R-0 and they are proposing to rezone 2.75 acres to R-4, which is less than 11% of the total land area, demonstrated on an aerial photo with the proposed development superimposed. He then demonstrated the proximity of the development to area subdivisions, Main Street and Emma Street. He reiterated that as requested by City Engineer Whisker and according to the Master Street Plan, the development includes ½ width extension of Main Street and Emma Street. He related that designs to change Main Street are in an effort to improve area traffic in the future. He stated that the developer has worked with the City Engineer to develop an intersection that would prevent traffic from mistakenly entering onto the dead end street in the development. He reviewed drainage plans including an 8-acre retention pond, adding that he felt this would bring improvement in area drainage. He noted that the townhouses would be contained in the western peripheral of the property. He stated that he would be surprised if the townhouses were visible from the existing Main Street or from the existing homes in Western Hills, noting that there are trees and hills in between those properties. He stated that Main Street extended probably would not happen for many years, noting a bridge that would have to be constructed. It was noted that following the relocation of Main Street the townhouses would be 40 8 to 50 feet from Main Street at that time. He then noted that the retention pond is planned as a water feature for the development. In response to a question posed by Alderman Fletcher, it was noted that the bridge for West Main is on the list for Federal funding. Mayor Swaim noted that the road is part of the Master Street Plan. Mr. Bond noted that the extension of Main Street would come out in the area of the proposed Free Will Baptist Church. Mr. Bond addressed the issues involving the wetlands, relating that the developer has obtained the services of Dr. Gary Tucker, a senior wetlands scientist, who has viewed the property and recognizes the wetland issues. He stated the development would have to address those issues in order to obtain a 404 permit from the District Corp. of Engineers. He stated that the developer cannot propose a wetland plan until there is a development plan to begin with. He stated that if a development plan can be approved, the plan would be taken to the Corp. of Engineers in order to address wetland issues. He stated that regarding area home values, he noticed yesterday an 1800 square foot home for sale in Western Hills for CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. $169,900, which is comparable to the proposed development. He noted that Bushwood is a higher end area, but then noted that this development would be ¼ mile from Bushwood. Alderman Twitty noted that most of the houses in Bushwood are 3,000 square feet. Alderman Fletcher noted that most of the houses in Western Hills are almost all brick, while this development is proposed to be 60% brick. Mr. Bond clarified that the proposed houses are 50% brick and the townhouses are 60% brick. In response to a question posed by Mayor Swaim, Mr. Bond related that if the property were developed entirely as R-0 there would be 11 fewer families than developed with townhouses. He stated that currently the plan is for 25 homes and 35 townhouses. Alderman Fletcher raised concerns for how marketable the townhouses would be for retired persons, noting that two-story living is generally not welcome among that group. Mr. Bond stated that the master bedroom would be on the first floor. Alderman Twitty stated that from general conversations with older residents, they are looking for nice condominiums that are not located in a subdivision with single-family houses. She stated that there is a big difference between condominiums and townhouses. 9 Mr. Bond stated that it is felt there is a market for this type of home, adding that he feels it would attract not only older but also younger homebuyers. He stated that often times young people with active lifestyles do not want the responsibility of outside home and yard maintenance. Alderman Twitty stated that she did not feel that this development would appeal to retired residents. In response to a question posed by Mayor Swaim, Mr. Chad Young stated that his firm WD & D Architects were hired last week for the complete architectural plans of the development. Mr. Young presented an architectural rendering of a 7-unit town home, zero lot-line single-family homes. He stated that the plan is to create 1500 to 1600 square foot homes to have a unique feel and variation of size and style so that each home will have its own single car or two-car garage. He stated that some of the single car garages have been combined to offer a bigger feel for the unit, explaining that each garage has an associated entry way and the two end homes have side entrances. He presented various renderings, noting that town homes have asphalt shingle roofs, 60% brick with vinyl in the cables. He stated that the two-story CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. unit has a bay window with a copper roofing. He stated that the design has been chosen to present the look and feel of the homes in the neighborhood. He demonstrated the difference between the single-story and two-story homes. In response to a question posed by Alderman Fletcher, Mr. Young presented architectural renderings of the rear view of the town homes from across the pond, which would be the view from the future Main Street extended looking back in the direction of Western Hills. He stated that the back of the homes would carry a variation of brick and siding. He noted that the design is not “cookie cutter” and would have the appearance of individual homes. Mr. Young stated that as a former City of Jacksonville Planning Commissioner, he feels there is a need for this type of home in Jacksonville. He explained that his neighbor was diagnosed with Parkinson disease and had to move out of his 2500 square foot home to down size, adding that he was looking for less yard work. He stated that his neighbor had to leave Jacksonville to find that type of housing. Alderman Fletcher stated that he agreed with the need for that type of housing, but stated that there are plenty of other places for that type of development that could be spread out as single-story. He stated his concerns regarding density for the area. He related that he feels the situation could have been better resolved if there had been a mechanism to provide for better communication between the developer and the area 10 residents. He said he is encouraged regarding some of the aspects seen regarding the development, but added that the bottom line is that the City Council is elected to represent their constituents and these residents, who are buying the larger homes that Jacksonville claims it needs. Alderman Sansing stated that the City Council needs to give more consideration to the existing residents before thinking about citizens who have not moved into the area. Alderman Stroud stated that other communities have these homes, adding that he feels Cabot, North Little Rock and Sherwood would be proud to have this. He stated that one of the Planning Commissioners had stated that Jacksonville needs this type of development, just not now and not here. He stated that if not now, when and if not here, where. He mentioned ongoing efforts to get more and better housing in Jacksonville, saying that a developer has come and “bent over backwards” to provide what he feels is a great asset to the City. Alderman Twitty noted that the townhouses could be bought and rented. It was clarified that the Planning Commission had denied the developer’s first request for apartments. Mayor Swaim opened the floor for those wishing to speak in opposition. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. Mr. Lucien Shockey of 3711 Christy Lane questioned if the City Council would be addressing an appeal from the Planning Commission or the new proposal that was presented tonight. He stated that the bill of assurance and drawings has changed. Mayor Swaim stated that the City Council is addressing an appeal from the Planning Commission, adding that the presentation is the developer’s attempt to answer questions and concerns from the area residents. City Attorney Bamburg stated that the appeal is the denial of the rezoning request from R-0 to R-4, explaining that the plans specifically do not apply to that denial of rezoning. He added that the plans would come into play when the preliminary plat is reviewed. Mr. Shockey stated that 180 homeowners ranging from Western Hills to Tara Mount and Pennpointe have signed a petition in opposition. He stated that this proposal and an earlier proposal was turned down by the Planning Commission, adding that there is a lot of real estate knowledge on the Planning Commission. He noted concerns for public safety, stating that currently there are approximately 55 households that access West Main Street either in the curves or between the curves. He stated that this proposal would more than double the number that would have to access West Main. He then pointed out that to complicate the situation even 11 more; currently there is only one school bus stop between the curves, which is a real issue each morning. He stated that when this was proposed it was slated that this would appeal to the elderly, but added that from the demographics shown and Mr. Bond’s statement it is probably going to appeal to young families. He pointed out that young families tend to have more cars than elderly families, so there is no way to tell how many cars will be involved. He stated that there is approximately 1/8 of a mile from the middle of one curve to the middle of the next curve, while the proposal will double the amount exiting and entering into a very congested area without any change in traffic control. He stated that not only is Main Street a major arterial street; it is a feeder street for entrance and evacuation from the Air Force Base. He stated that some of the traffic is going to Sherwood and Little Rock, explaining that at certain times of the day there is a tremendous amount of traffic. He stated that City Engineer Whisker was asked at the Planning Commission meeting when something would be done to alleviate traffic congestion on West Main; explaining that he started by explaining the improvements to Graham Road and a few other projects, adding that by the time City Engineer Whisker mentioned West Main Street he could not venture as to when that would occur. He stated that improvements to West Main are indeterminate while adding to the congestion is in the near term. He stated that he supports growth for Jacksonville but feels the area needs to grow with the same type of housing that is currently featured in West Jacksonville. He stated that most of the residents of Bushwood came from outside of Jacksonville, choosing to live in Jacksonville. He stated that eye appeal is what it takes to get residents to move to Jacksonville, not 1200 square foot homes. He stated that if the appeal is approved what incentive does he have to recruit CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. his friends to move to Jacksonville if there is spot rezoning and their homes could be in jeopardy at anytime. He stated that this development has been touted as a retirement solution, adding that Bushwood is full of empty nesters. He related that the demographics state that the development would be for younger families, adding that unfortunately they would bring lower income than the elderly people that have moved way out on the salary scale. He stated that he and others present in opposition have come because of the Master Land Use Plan, that was approved for the area by the City Council, adding that the residents in good faith moved to Jacksonville based on the Land Use Plan. He stated that the developer has stated that his development will not hurt property values, adding that while that may be true, if it does hurt values, the developer will not be there to participate in any loss. He stated that they would like to believe that in coming tonight as tax payers, that the City Council would not chose to shake the Community’s trust in the commitment that they made to the citizens through the Master Land Use Plan. He stated that the property being proposed for rezoning already has a viable use as R-0, which is far different than having a piece of property that cannot be used in its present zoning. He stated that if the rezoning is approved it would be creating a 3-acre island in a sea of R-0. He stated 12 that if he were on the City Council he would have to ask himself three questions, first is it right to favor the desire of a very few against and over the decision of the Planning Commission and the homeowners present that have concerns, adding that the next question he would ask himself is if I vote for this will the next island be created next door to me, and thirdly he would make his final decision on this question, if good government is being responsive how is my vote tonight fulfilling that principal. Mrs. Ruby Sucka stated that they own the land adjacent to the proposed development, saying that the pond would be next to her land and she is afraid that when it rains her land would flood. She questioned if the townhouses could be built on the southwest end of the property instead of the west on her side. She stated that she does not want those buildings built in the City of Jacksonville, adding that if they are built, put them on the southeast end and not on the end where they live. She then stated that she is also opposed to the road development, explaining that her husband’s family had given up the land for the sake of the Country during the War. She stated that the family had to leave everything, adding that after we won the War, they bought the property again. She restated that she does not want the road on her land, adding that she does not believe that she will ever agree to have the road on their land. Mr. Chet Schirmer developer of the Bushwood Subdivision; stated that he would like to address comments made earlier. He stated that he heard Jacksonville is not friendly to developers, saying that is not true and adding that the only reason there has not been more development is the lack of available land. He stated that years ago he had an opportunity to purchase the land and develop it, adding that the reason he didn’t is because the land is not very valuable and only a small portion of it is developable. He stated that Jacksonville would not be at a loss if CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. nothing is built there for years to come, adding that he agrees with Mr. Shockey that there is a traffic problem. He stated that until traffic concerns are addressed, the City should leave the property alone. Alderman Elliott stated that he has heard a lot of comments, noting the difficulty of the decision before the City Council. He stated that he has spoken with many of the residents, adding that both sides have good points. He stated that the City Council is charged with making the best decision for the growth and development of Jacksonville, adding that is not always the easiest thing to do. He stated that the City Council has to consider what is best overall for the City, remembering that the same reaction came from the Community when Wal-Mart was developed. He stated that if the City accepts status quo, Jacksonville would continue to go stagnate. He stated that the City needs different types of housing. He then noted that trends in planning are moving towards mixed use and transition implementing. He noted that the development is a single- family subdivision. He stated that while traffic is a big concern, 13 traffic is a part of growth wherever it happens and will have to be addressed as it happens. Alderman Sansing stated that he has had some experience with zero lot- line homes in his neighborhood, saying that single-story duplexes were built. He stated that they were supposed to be nice starter homes for young couples, adding that if you check police reports for Ruth Ann Street they are mostly rental and they have a lot of problems. He stated that they are zero lot-line duplexes. He stated that on Oneida Street in North Lake there was a development plan for townhouses, which were suppose to be for sale not rent, but only units 8 through 14 were built and they are rented by the Peacock Company. He stated that in his opinion that Jacksonville is not ready for townhouse development. He stated that this is two examples of where they failed and were turned into rental units. City Attorney Bamburg clarified that the Land Use Plan is adopted with the concept of setting up uses for property. Residential, Commercial, Industrial, and Agricultural. He stated that the Land Use Plan would not have to be modified to go from R-0 to R-4, because R-4 remains in the classification of residential. ROLL CALL: Alderman Elliott, McCleary, Ray, Stroud, Howard, Mayor Swaim voted AYE (6). Alderman Smith, Sansing, Fletcher, Twitty NAY (4). MOTION CARRIED. ST FIRST READING FOR ORDINANCE 1293 APPROVED THIS 21 DAY OF SEPTEMBER 2006. Mayor Swaim stated that Ordinance 1293 would be presented at the next regularly scheduled City Council meeting of October 5, 2006 for Second Reading. c. FINAL PLAT Valley Ridge Estates City Engineer Whisker stated that the Subdivision is located in the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. County and has already been approved and signed by the County Administrator. He noted that the Subdivision is located within the AICUZ zone, adding that the bill of assurance has adopted all regulation for the AICUZ zone. Alderman Ray moved, seconded by Alderman Stroud to accept the Final Plat of Valley Ridge Estates as presented. MOTION CARRIED. d. FINAL PLAT StoneRidge Subdivision PH I City Engineer Whisker related that the 160-acre Subdivision had recently been annexed and this is the first phase consisting of 30 homes. He noted that the first phase is directly to the west of Pennpointe. He stated that all improvements have been completed. 14 Alderman Smith moved, seconded by Alderman McCleary to approve the Final Plat of StoneRidge Subdivision PH I as presented. MOTION CARRIED. e. FINAL PLAT Tract “A” Jacksonville Shopping Center City Engineer Whisker related that this consists of one lot east of McDonalds off Main Street along the Shopping Center. He stated that the property has water and sewer, adding that a bond has been posted for sidewalk improvements. He then answered that the property would be developed for a new business. Alderman Ray moved, seconded by Alderman Stroud to approve the Final Plat Tract “A” Jacksonville Shopping Center. MOTION CARRIED. GENERAL: ORDINANCE 1292 (#25-06) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 9.38.030 (FALSE ALARMS – NUISANCE); AND, FOR OTHER PURPOSES. Alderman Elliott stated that the ordinance will make provisions regarding false alarms for businesses that are having alarm systems repaired. City Attorney Bamburg stated that the only modification was to add a provision under false alarms exempting circumstances where alarm equipment has malfunction during installation or service rehab. He noted that the provision requires verification from the alarm service company in order for it to be classified as exempt from false alarm provisions. He stated that essentially it grants the Police Department additional discretion in order to make a false alarm determination. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1292 be placed on FIRST READING. Mayor Swaim requested confirmation regarding alarm companies providing verification of malfunction regarding a false alarm. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1292. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. Discussion ensued regarding additional considerations from the City Council. Chief Baker questioned if in the case of multiple false alarms, could the business owner be contacted to investigate the false alarm with the assistance of the Police. He stated that the frustration for the Police Department is that if allowed to persist for up to a 30-day period, it becomes a waste of time for the Police Department. He noted that was the intent of the first ordinance to prevent the Police Department from wasting time on false alarms. He stated that since passing the first false alarm ordinance there has been a reduction of 2.9% in residential alarms and 10.2% for businesses. He suggested that the 30-day period of 15 time seem to be too lengthy. Mayor Swaim questioned how the Police would be able to determine if the malfunctioning alarm, within a 30-day period, is a single or multiple repair event. Chief Baker stated that generally what is determined in false alarm situations is that it is either a door that is not functioning properly, or an alarm system that is not installed corrected, or an alarm that is going out of sequence with the system. He explained that his only concern would be the 30-day wait period. City Attorney Bamburg clarified that the 30-day period was part of the original false alarm ordinance and was not part of the amending ordinance. A brief discussion ensued regarding circumstances of false alarms, City Attorney Bamburg clarified that the only amendment was an inclusion of the wording “alarm equipment malfunction during installation and/or service rehabilitation as verified in writing by the alarm service/monitoring company.” Alderman Smith moved, seconded by Alderman Howard to amend the time period to 15-days instead of 30-days. MOTION CARRIED with Alderman Sansing voting NAY. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1292 be APPROVED on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Elliott to suspend the rules and place Ordinance 1292 on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1292. Alderman Stroud moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1292 on THIRD and FINAL READING as amended. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 21, 2006 7:00 P.M. – 8:59 P.M. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1292. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1292 be APPROVED AND ADOPTED as amended. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. 16 st ORDINANCE APPROVED, ADOPTED AND NUMBER 1292 THIS 21 DAY OF SEPTEMBER 2006. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:59 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 17